CFI: If Ensign Does Not Withdraw Amendment, Senate Majority Leader Reid
Should Promptly Bring it Up and Defeat it; Voters Deserve Timely
Information about Contributions for 2008 Senate Elections

A single Senator, John Ensign (R-NV.) has been obstructing Senate
passage of S. 223 providing for electronic disclosure and prompt
Internet searchability of Senate campaign contributions. This bill,
sponsored by Senators Russell Feingold (D-WI) and Thad Cochran (R-MS)
and 39 other bipartisan Senators, has no public opposition. However,
Ensign has withheld unanimous consent to take it up and pass it by
insisting on a vote on his controversial, unrelated amendment to force
charities, religious organizations and civic nonprofit organizations to
disclose all of their $5,000+ donors when they file ethics complaints
against sitting Senators.

Now a broad group of ideologically diverse nonprofit
organizations and coalitions has written to Senate Majority Leader
Harry Reid (D-NV) and Minority Leader Mitch McConnell (R-KY) urging
them to “drop” or “defeat” the “retaliatory Ensign Amendment to S.
223.” Signatories include: Alliance for Justice, Americans for the
Preservation of Liberty, The American Conservative Union, Center for
Lobbying in the Public Interest, The Free Speech Coalition, James Bopp,
General Counsel, James Madison Center for Free Speech, Gun Owners of
America, National Center for Public Policy Research, and OMB Watch
which took the lead in circulating the letter (see copy of letter
below).

In their November 9th letter, the organizations
declared that "This proposal is a clear attempt to intimidate the
public from seeking enforcement of Senate ethics rules." They add that
"Its retaliatory nature is counter to donors' privacy rights and the
First Amendment rights of association and speech, and raises
significant constitutional questions." Furthermore, if adopted, "this
provision would have the effect of changing existing tax law without
the benefit of a full and open public debate, including involvement of
Congressional tax-writing committees."

Responding to Sen. Ensign's argument that donor
disclosure would enable Senators to find out if complaints are being
filed "purely for political reasons" and thereby "protect this
institution," the nonprofit signers point out that "Current law
provides adequate information about any organization filing an ethics
complaint. Any Senator can learn more about the organization by
requesting disclosure of their IRS Form 990 which does not publicly
identify donors, but does provide information on key leadership,
finances and activities."

CFI Executive Director Michael Malbin commented, "In
view of this broad condemnation of the Ensign Amendment from major
nonprofits spanning the ideological spectrum, Senator Ensign should
agree to drop his obstructionist amendment. If he wants to pursue the
issue despite the broad opposition, let it stand on its own." Senator
Dianne Feinstein (D-CA), Chairman of the Senate Rules Committee which
unanimously reported out S. 223, has offered Sen. Ensign a prompt
hearing on his proposal.

"If Sen. Ensign does not withdraw the amendment,
Majority Leader Reid should bring up S. 223 promptly -- with 20 minutes
of debate on the amendment as Ensign and Republican Leader McConnell
have proposed. Faced with these statements of broad- based opposition,
and with no committee hearings on the Ensign proposal, the Senate
should then vote down the amendment and pass the underlying bill. It is
already the middle of an election cycle and voters need to know in a
timely way who is donating to Senate candidates. The public has had
this information about House and Presidential candidates since 2001.
Every Senator who has spoken out on S. 223 has supported it. That
includes Sen. Ensign. It is time for the Senate to stop playing games
and do what they say they support."

We are writing as nonprofit organizations to ask you to defeat an
amendment proposed by Senator John Ensign of Nevada to S. 223, the
Senate Campaign Disclosure Parity Act. It would require any charity,
religious organization or civic group that files an ethics complaint
against a Senator or a Senate campaign to disclose donors that give
more than $5,000.

This proposal is a clear attempt to intimidate the public from
seeking enforcement of Senate ethics rules. Its unmistakable purpose is
to discourage organizations from taking action to keep government
accountable. Its retaliatory nature is counter to donors' privacy
rights and the First Amendment rights of association and speech, and
raises significant constitutional questions.

This proposal contravenes and runs counter to the letter and
spirit of well-established tax law policies, rules and regulations
protecting the identity of donors that were enacted in recognition of
the Supreme Court's decision in NAACP v. Alabama. If adopted, this
provision would have the effect of changing existing tax law without
the benefit of a full and open public debate, including involvement of
Congressional tax-writing committees, and without a change in the
Supreme Court's decision.

Current law provides adequate information about any
organization filing an ethics complaint. Any Senator can learn more
about the organization by requesting disclosure of their IRS Form 990,
which does not publicly identify donors, but does provide information
on key leadership, finances and activities.

Civic participation in the United States most often occurs through
nonprofit organizations. Individuals who want to influence public
policy or hold government accountable know they can be more effective
by joining and supporting such organizations. They do so with an
expectation of privacy that was recognized by the Supreme Court.

We urge you to oppose the Ensign amendment.

Yours truly,

Alliance for Justice
Americans for the Preservation of Liberty
The American Conservative Union
James Bopp Jr., General Counsel James Madison Center for Free Speech
Center for Lobbying in the Public Interest
The Free Speech Coalition
Gun Owners of America,
National Center for Public Policy Research
OMB Watch